2010.06.28 - Kyron's Dad files for divorce and restraining order

[JBean]

debs, I get and agree with your last point. I'm not following the first part of your argument. What are you saying could happen in the mini-trial?

Did you follow the Caylee Anthony case? If so, think about the civil case brought by Zenaida F Gonzalez. KC did not testify, but information was brought out by others surrounding the murder of Caylee that can be damaging to her criminal case.

 

[TrY]

I watched the KATU video clip and looked at their website. My impression of Terri is that she's there because her lawyers want her there and that they've told her to wear conservative clothing and she's taken their advice by wearing a black jacket and skirt suit with a white top. My impression from watching the videoclip is that Terri enjoyed the outing to the courthouse too because she literally was the center of attention being surrounded by the media.

 

[debs]

I watched the KATU video clip and looked at their website. My impression of Terri is that she's there because her lawyers want her there and that they've told her to wear conservative clothing and she's taken their advice by wearing a black jacket and skirt suit with a white top. My impression from watching the videoclip is that Terri enjoyed the outing to the courthouse too because she literally was the center of attention being surrounded by the media.

Wow. All I saw was someone walking determinedly toward the door, then toward the car.

 

[Amster]

Center of attention....with bodyguards, even! I bet she savored every minute of it. :sick:

 

[craftybatchy]

TH appears to be following the advice of Mr.Houze. She would not voluntarily appear in public except with his support or at the request of the Court.

As far as what she was wearing .... If she did not already have something suitable in her wardrobe, one of Mr. Houze staff would have purchased something on her behalf (which explains the less than perfect fit).

I did not observe anything from her behavior indicating pleasure or satisfaction. Although TH was in control of her behavior and aware of her surroundings, she appeared very much removed from the setting (if that makes any sense...).

 

[Ellebelle]

I watched the KATU video clip and looked at their website. My impression of Terri is that she's there because her lawyers want her there and that they've told her to wear conservative clothing and she's taken their advice by wearing a black jacket and skirt suit with a white top. My impression from watching the videoclip is that Terri enjoyed the outing to the courthouse too because she literally was the center of attention being surrounded by the media.

Wonder if the attorneys had Terri come today to get her used to the courtroom? When I was getting divorced years ago, it took many court dates and a mere 18 months later we finally got divorced. My attorney used all those dates as a practice session, if you will, for me to get more relaxed with the atmosphere.

 

[ThoughtFox]

My first reaction to this news after skimming the entire thread is:

Two Year Postponement of the Divorce??? :waitasec:

No judge would ever agree to that. That's like holding someone hostage for two years.\

Dream on Terri!

ETA: source in this post from FreeFallz:

http://www.katu.com/news/101511664.html

updated 4:25pm
snip
First, Kaine wants Terri to show where she supposedly got $350,000 to hire Houze.

Second, Terri wants all the legal issues Kaine has filed against her in their divorce postponed for up to two years. Legal experts say her side is trying to keep her out of any situation that would get her under oath.

Third, they talked about the contempt of court case Kaine filed against Terri, claiming she broke a court order by showing the then sealed restraining order to friend Mike Cook.

In the end the only thing that was decided is the judge will hear arguments on the money and postponement in early October, and the contempt case will be in mid-September.

 

[wondering1]

My first reaction to this news after skimming the entire thread is:

Two Year Postponement of the Divorce??? :waitasec:

No judge would ever agree to that. That's like holding someone hostage for two years.

I think that's just the longest it can be under the abatement rule. jmoo

 

[kappy50]

Coming in late...gotta catch up... Teri appeared before court...did Kaine appear before court today? Last I heard HE did not.

 

[BeanE]

Terri Moulton Horman creates stir with rare public appearance at divorce hearing
Published: Wednesday, August 25, 2010, 7:45 PM
Updated: Wednesday, August 25, 2010, 7:55 PM

Terri Moulton Horman made a rare public appearance Wednesday -- her first since a week after her stepson Kyron disappeared -- to accompany her attorneys to a scheduling hearing in her pending divorce case, a strictly procedural step normally handled without clients present.

Horman, dressed in a black suit, skirt and heels and wearing what appeared to be a wedding ring on her left hand, entered the Multnomah County Courthouse through a back door and was escorted in a private elevator to the fifth-floor courtroom.

http://www.oregonlive.com/portland/index.ssf/2010/08/terri_moulton_horman_creates_s.html

 

[BeanE]

I can't believe all the press at the courthouse, the sketch artists FGS, all the news stories for this little teeny tiny hearing. I must have missed something.

 

[cypress]

Um, on a totally shallow note, am I the only one who thinks Houze could pass for Robert Duvall?

 

[kappy50]

strictly procedural step normally handled without clients present.

Thanks B...this, speaks mega volumes to me...JMO!

 

[cypress]

I could practically see Houze sitting on Terri's shoulder whispering "head up, expression neutral, don't look at the reporters, relax, keep your mouth shut, keep walking." IMHO, Houze is quietly countering the opinion of Terri as a deranged, child-abducting, possibly child-killing, narcissistic sociopath, and is presenting her as a human being. Her entire "look" today was to that end, IMHO.

 

[cluciano63]

Um, on a totally shallow note, am I the only one who thinks Houze could pass for Robert Duvall?

We already have Brian Denehy as sheriff...

 

[BeanE]

Coming in late...gotta catch up... Teri appeared before court...did Kaine appear before court today? Last I heard HE did not.

No, he didn't show up, kap.

 

[PDXMom]

I can't believe all the press at the courthouse, the sketch artists FGS, all the news stories for this little teeny tiny hearing. I must have missed something.

I went down to the courthouse today. I certainly didn't expect to see any of the major players, but I hung around the news camera guys and sure enough, I was at the right place at the right time & saw Terri make her exit. I can't say I got the heebie jeebies being that close to her (like another spectator said) but it definitely made it more real to me. I did expect more people there, but besides my partner and I, there was just one other guy watching. Maybe that proves I'm obsessed about this case. :-/

 

[gitana1]

I'm no lawyer and I think this would be an excellent question for the family lawyers on this board.

In my personal experience, family law and criminal law are two differerent practices. That this case has both issues going on at the same time, IMO, it will take more than one expert and more than one dollar to straighten it all out. I don't recall any other case in my lifetime being so complex in a legal sense.

Hello, Misty married and divorced Ron AFTER Haleigh went missing and before she was ever found.

I have nothing else to offer up as a comparison. Anyone else?

The marital privilege means that one spouse cannot be compelled to testify against the other spouse. This has nothing to do with the dissolution case - either with Kaine wanting to proceed or TH wanting to abate the action. Kaine wants to proceed for various reasons, primarily, from what I can tell, because he believes it will help force TH to provide some info that may lead to Kyron. TH wants to abate the action because she does not want to be compelled to provide information in a civil action that may incriminate her criminally. Kaine obviously does not want to wait for the info he is seeking and in general, courts are supposed to try to move the case along and come to a resolution without undue delay. Of course, that's the theory. I know some attorneys who will purposefully drag a case along for years and the court seems to let them. I don't know why!

 

[nurseratchett]

But with Kaine willing to testify AGAINST Terri, this does in fact demonstrate a strategy. Kaine has only to testify that he was given information which supports a claim that Terri tried to have him killed, and Terri either pleads the 5th or answers that claim. Kaine has only to testify that he believes Terri kidnapped and either has hidden or killed his child. Terri once again must plead the 5th or answer that claim.

Then it becomes a mini trial attempting to prove Terri did do both these things in their marriage, calling witness after witness who should rightfully testify in a case against Terri for either charge rather than in her divorce case. Kaine can attempt to then basically convict her without ever charging her because hey, they were getting divorced and he was just listing his reasons for getting one.

Strategy it is.

Nice explanation debs, TY.


Liking Ms. Rackner more and more.... :clap:

 

[gitana1]

I found this link that talks about both marital confidence and spousal testimonial privilege. It says that for the first, the spouse CAN prevent the other spouse from testifying about a marital confidence BUT the privilege generally survives the marriage.

For the second, the spouse called to testify can waive the privilege, but it's not generally applicable after the marriage.

Also, the second privilege only applies in criminal cases.

If that is a correct assessment, it seems like it doesn't really matter in this case, since the first privilege generally survives the divorce and the second can be waived at any time. You're right, it's a good question for the verified lawyers. I'd like to hear how this works in real life -- especially whether there's an exception to the general rule that marital confidences privilege surviving the divorce if there are pending felony charges. Hmm...


http://en.wikipedia.org/wiki/Spousal_privilege

This has never come up for me because the martial confidence or confidential communications right/privilege cannot be asserted in actions of one spouse against another, like a divorce. In other words, one spouse cannot prevent the other from testifying about something the first spouse thought was said in confidence to the second spouse, when the are battling each other.